European-American University™

Preamble
I. The University recognises that during the course of research conducted under its auspices at either undergraduate or postgraduate level, enrolled students may generate work of novelty that qualifies under the general heading of Intellectual Property (IP). Intellectual Property is defined as material that is protectable under legislation that arises as a result of creative work in the literary, artistic, industrial, scientific and engineering fields.

II. The rights to given IP rest both with its inventor or creator and with the University. These Intellectual Property Rights (IPR) are the means by which ownership of IP may be recognised in law under a number of areas.

III. It is the policy of European-American University that it will work co-operatively with IP creators to manage their IP in a manner that is fair and equable under law. It is recognised that given the University's global outreach IP may fall under the laws of differing jurisdictions. As a result, it is a condition of enrollment that students agree that the Commonwealth of Dominica, where the University is chartered, and specifically the Eastern Caribbean Supreme Court, shall provide the legal jurisdiction for the purposes of the settlement of any dispute with the University.

Definition of intellectual property
IV. The University's definition of intellectual property includes the following, where they arise from work undertaken during a University program:

Procedures for the assignment of IPR
V. Any work that is produced by an enrolled student at the University during the course of his/her program that constitutes intellectual property, whether produced solely or in collaboration with other members or non-members of the University, shall be assigned to the University (in respect of the proportion of ownership that accrues to the enrolled student, if the enrolled student is not the sole originator). If this work has been completed whilst simultaneously enrolled at the University and at another institution, it shall be subject to a joint determination with this other institution. The student shall then give the University every assistance reasonably within their power to assist the University to obtain patents or other forms of legal protection in respect of the IP concerned. Additional terms may be imposed by any external sponsor of the research concerned.

VI. The University shall share any revenues accruing from the IP with the student(s) concerned in the event that it is decided to exploit that IP commercially. The exact proportion of shares shall be decided between the student(s) and the University according to the revenue sharing scheme below. The University shall have the right either to exploit the IP itself, to employ an external agent for the purpose, or to permit the student(s) themselves to bring forward a commercial structure for its exploitation, or to combine these methods.

VII. Students are required to observe any requirements for confidentiality imposed by the University that arise from their IP. This may also cover the results of research whether or not these results are commercially exploitable in nature, and information disclosed to the student during the course of their enrollment. Advice should be sought from the Research Degrees Committee in the event of any doubt.

VIII. IP that is generated by a student whilst enrolled at the University but wholly independent of their program of study shall remain the property of the student. However, the University may be willing to assist the student in the commercial exploitation of their work.

IX. If more than one student or other individual is involved, the responsibility for agreeing the division of rights among the individuals involved rests with the individuals concerned. In the event that patents are exploited, individuals need not be named inventors to receive a share of income. Advice can be sought on these matters from the Research Degrees Committee.

X. If an individual who is the beneficiary of IP assigned to the University dies, the royalties that would be payable to that person will be payable to his or her estate.

Revenue Sharing Scheme
XI. Upon successful commercial exploitation of IP assigned to the University, the University will normally receive royalties either as a lump sum or as a stream of income over time.

XII. The University has a standard procedure for the division of royalty income reflecting the other parties involved, including the student(s), although this may be varied according to particular circumstances. This procedure is as follows: